Six reasons for the court to say: «No. Not guilty!»

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Purpose: Research of the development of the doctrine of the crime in the doctrine of domestic and foreign criminal law in the Soviet and post-Soviet period. Methodology: Historical-legal and formal legal methods were used. Results: in this article, based on the study of signs of paired (correlated) with a minor act of categories (socially dangerous act - crime, crime structure, composition minor act formally contains the signs of the objective and subjective side of the offense), analysis methods and means of legislative technique (legal constructions, fictions, terminology) and the court practice in soletskiy and post-Soviet periods are the basis for the recognition trial, and the result of acts of non-criminal and criminal case’s termination (failure to initiate) in connection with minor acts (part 2 article 14 of the criminal code of the Russian Federation), as such, an action (omission) that did not cause harm to public relations, the formality of the elements of the crime, the provision of the act by the Criminal code, the absence of prohibition, public danger, real insignificance in the presence of a specified intent, fictitious qualifying signs are recognized. Novelty/originality/value: The article has a certain scientific value, since it is one of the first attempts to consider in the domestic doctrine of criminal law and practice the problems of qualifying crimes with the so-called signs of insignificance using such legislative techniques as fiction in criminal law and law.

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Delicti, social danger, substantial harm, insignificance, socially dangerous act, unclassified intent, techniques and means of legislative technique, fiction

Короткий адрес: https://sciup.org/140250458

IDR: 140250458

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